There are many news stories about children getting injured by accidents whether caused by themselves or other people. Whether it is a dog bite, car accident or if a child is hurt at camp or daycare, it is always newsworthy when a child gets hurt or killed because it is so tragic when it occurs. When a child is seriously injured or killed it can be a very terrifying time for the family. As a father to twin girls I cannot imagine the pain experienced by a parent if a child is seriously hurt or killed. I have had the honor and privilege to represent a number of families in this time of their life.
When a minor child is injured there are actually two different claims that will be made. First, the parents have a claim against the insurance company for the medical bills that are incurred for treating the minor child’s injuries. Second, the child has a claim for the pain and suffering that he/she experienced as a result of the injuries. The normal two year statute of limitations for personal injuries applies to the parents’ claim, but it does not apply to the child’s claim. In reality it is better to either settle both claims within the two year statute of limitations or file a lawsuit on behalf of the parents and the minor child within the two years after the injury.
After a claim involving a minor is settled or a verdict is rendered, the Law Office of John B. Jackson is experienced in handling the probate work required in a minor’s settlement. If a lawsuit is filed, the settlement is approved by the state or superior court judge before the case can proceed to probate court for an appointment of a conservator. If, however, the case is settled prior to a lawsuit the probate court must approve any settlement over $15,000.00 and appoint a conservator, if needed.
One important consideration in settling a claim for a minor child is whether the child’s best interests would be served by structuring the settlement. A structured settlement allows for the proceeds of the settlement to be invested and grow tax free. This can be a great way for a college savings or to allow the money to be used later in life by the minor child. The Law Office of John B. Jackson will consult with financial advisors for you to ensure that your minor child gets the best available structured settlement we can find.
If you or your child is injured or killed as a result of someone else please contact The Law Office of John B. Jackson about your claims.